Mandatory Physical Exams

[Guest dsw713]

Is there any legal issue with an employer mandating employees receive an annual physical exam? This would not be used to exclude them from coverage. As a matter of fact, the employer wouldn't even get the results, just a confirmation the physical was performed by a licensed physician. This would all be part of a wellness effort. Thanks.

[Guest sydney2010]

It's my understanding that it can be forced, if the results are confidential. Certain jobs require physical health to be optimal, and the employer has every right to ask for that.

Erin

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[lvena]

You need to be very careful with the program you are describing. There are many laws (HIPAA, GINA, ADA, and maybe even local/state) that you will need to navigate.

An employer can require the physicial if it is "job-related and a business necessity". This is allowed so that the employer can determine if the person can perform the essential functions of the job. If the reasoning behind the required physical is other than this, it should be voluntary.

I don't know the specifics on this situation, but you might want to consider a Health Risk Assessment (HRA) tool over the physical. I like the HRA for a few reasons. To begin with, the physical can be time consuming and threatening to an employee. An web-based HRA can be easier and quicker. The employee would get their results and can react as they see fit. If your company has a wellness provider (medical staff, etc) the employee could contact them and see what can be done.

[Guest dsw713]

We have decided to go with a voluntary wellness incentive program whereby the employee can earn premium contribution credits for completing an annual physical exam. The drafted plan also has a premium contribution incentive (lower than the employee) for the employee's spouse as well. We will not be asking for specific numbers, just verification from the physician that the screenings where performed and the date.